57030 Federal Register / Vol. 88, No. 161 / Tuesday, August 22, 2023 / Proposed Rules 

TABLE 61—CY 2024 PROPOSED SURGICAL PROCEDURES FOR THE ASC CPL—Continued 

CY 2024 CPT/HCPCS/CDT code CY 2024 long descriptor 

D7950 .............................................. Osseous, osteoperiosteal, or cartilage graft of the mandible or maxilla—autogenous or nonautogenous, by 

report. 

G0330 ............................................. Facility services for dental rehabilitation procedure(s) performed on a patient who requires monitored anesthesia (e.g., general, intravenous sedation (monitored anesthesia care) and use of an operating room. 

[FR Doc. C1–2023–14768 Filed 8–21–23; 8:45 am] 

BILLING CODE 0099–10–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 1 

[WC Docket No. 19–195; DA 23–688; FR 

ID 164681] 

Comment Sought on Petition for 

Extension of Waiver of the 

Requirement for a Certified 

Professional Engineer To Certify 

Broadband Data Collection Availability 

Data 

AGENCY: Federal Communications 

Commission. 

ACTION: Petition for extension of waiver; 

request for comments. 

SUMMARY: The Broadband Data Task 

Force, Wireless Telecommunications 

Bureau, Wireline Competition Bureau, 

and the Office of Economics and 

Analytics (Bureaus), seeks comment on 

a Petition for Extension of Waiver 

(Petition) requesting that the Bureaus 

renew for an additional three filing 

cycles the BDC Limited Waiver. 

DATES: Comments are due on or before 

September 1, 2023, and reply comments 

are due on or before September 11, 

2023. 

ADDRESSES: You may submit comments, 

identified by WC Docket No. 19–195, by 

any of the following methods: 

• Electronic Filers: Comments may be 

filed electronically using the internet by 

accessing ECFS: https://www.fcc.gov/ 

ecfs/. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

one copy of each filing. 

• Filings can be sent by commercial 

overnight courier, or by first-class or 

overnight U.S.-Postal Service mail. All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

• Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9050 

Junction Drive, Annapolis Junction, MD 

20701. 

• U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 45 L Street NE, 

Washington, DC 20554. 

• Effective March 19, 2020, and until 

further notice, the Commission no 

longer accepts any hand or messenger 

delivered filings. This is a temporary 

measure taken to help protect the health 

and safety of individuals, and to 

mitigate the transmission of COVID–19. 

See FCC Announces Closure of FCC 

Headquarters Open Window and 

Change in Hand-Delivery Policy, Public 

Notice, 35 FCC Rcd 2788, 2788–89 (OS 

2020). 

People with Disabilities: To request 

materials in accessible formats for 

people with disabilities (braille, large 

print, electronic files, audio format), 

send an email to fcc504@fcc.gov or call 

the Consumer & Government Affairs 

Bureau at (202) 418–0530. 

FOR FURTHER INFORMATION CONTACT: For 

further information, please contact, Will 

Holloway, Broadband Data Task Force, 

at William.Holloway@fcc.gov or (202) 

418–2334. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Public 

Notice in WC Docket No. 19–195, 

released on August 11, 2023. Due to the 

COVID–19 pandemic, the Commission’s 

headquarters will be closed to the 

general public until further notice. The 

full text of this document is available at 

the following internet address: https://

www.fcc.gov/document/commentssought-petition-waiver-engineeringcertification or by using the 

Commission’s ECFS web page at 

www.fcc.gov/ecfs. 

Ex Parte Rules. This proceeding shall 

be treated as a ‘‘permit-but-disclose’’ 

proceeding in accordance with the 

Commission’s ex parte rules. Persons 

making ex parte presentations must file 

a copy of any written presentation or a 

memorandum summarizing any oral 

presentation within two business days 

after the presentation (unless a different 

deadline applicable to the Sunshine 

period applies). Persons making oral ex 

parte presentations are reminded that 

memoranda summarizing the 

presentation must: (1) list all persons 

attending or otherwise participating in 

the meeting at which the ex parte 

presentation was made; and (2) 

summarize all data presented and 

arguments made during the 

presentation. If the presentation 

consisted in whole or in part of the 

presentation of data or arguments 

already reflected in the presenters 

written comments, memoranda, or other 

filings in the proceeding, the presenter 

may provide citations to such data or 

arguments in his or her prior comments, 

memoranda, or other filings (specifying 

the relevant page and/or paragraph 

numbers where such data or arguments 

can be found) in lieu of summarizing 

them in the memorandum. Documents 

shown or given to Commission staff 

during ex parte meetings are deemed to 

be written ex parte presentations and 

must be filed consistent with § 1.1206(b) 

of the Commission’s rules. In 

proceedings governed by § 1.49(f) of the 

rules or for which the Commission has 

made available a method of electronic 

filing, written ex parte presentations 

and memoranda summarizing oral ex 

parte presentations, and all attachments 

thereto, must be filed through the 

electronic comment filing system 

available for that proceeding, and must 

be filed in their native format (e.g., .doc, 

.xml., .ppt, searchable .pdf). Participants 

in this proceeding should familiarize 

themselves with the Commission’s ex 

parte rules. 

Synopsis 

1. The Bureaus seek comment on a 

Petition filed by the Competitive 

Carriers Association (CCA) and 

USTelecom—The Broadband 

Association (USTelecom and, together 

with CCA, Petitioners). Petitioners 

request that the Bureaus renew for an 

additional three filing cycles the BDC 

Limited Waiver, which temporarily 

waives the requirement that Broadband 

Data Collections (BDC) filings be 

verified by a licensed Professional 

Engineer (PE), thus allowing BDC 

submissions to be certified by an 

otherwise qualified engineer who does 

not hold the PE credential. 

2. The Commission’s rules require 

that a certified PE or a corporate 

engineering officer review and certify 

the accuracy of the broadband 

availability data submitted by mobile 

and fixed providers as part of the BDC. 

This requirement was adopted to ensure 


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Federal Register / Vol. 88, No. 161 / Tuesday, August 22, 2023 / Proposed Rules 57031 

that filers have engaged in the analysis 

necessary to meet Congress’s objective 

of developing more accurate broadband 

coverage data. In particular, the 

Commission requires each mobile and 

fixed service provider to include 

certifications as to the accuracy of its 

data submissions by a certified PE or 

corporate engineering officer, in which 

the engineer certifies ‘‘that he or she has 

examined the information contained in 

the submission and that, to the best of 

the engineer’s actual knowledge, 

information, and belief, all statements of 

fact contained in the submission are 

true and correct and in accordance with 

the service provider’s ordinary course of 

network design and engineering.’’ This 

certification is in addition to the 

corporate officer certification required 

by the Broadband DATA Act and the 

Commission’s Second Order and Third 

Further Notice, 86 FR 18124, April 7, 

2021. 

3. In the July 2022 BDC Limited 

Waiver, the Bureaus found that granting 

a limited waiver of the rule was 

‘‘consistent with the policy objectives of 

the rule because providers will still be 

required, under the terms of the limited 

waiver the Commission adopted, to 

have an engineer review and certify 

their BDC submissions to help ensure 

the accuracy of the broadband data they 

submit’’ and that the limited waiver 

‘‘only modifies the engineering 

certification requirement to allow 

providers to use otherwise-qualified 

engineers who are not certified PEs to 

make the required certifications.’’ 

4. Petitioners assert that the ‘‘BDC 

process under the waiver has been 

effective, with no impact to the quality 

or accuracy of the BDC filings, and there 

remains an ongoing industry need for a 

waiver of the PE requirement.’’ The 

Petition says the industry, particularly 

smaller providers, is still experiencing 

hardships regarding the scarcity of PE 

licensure in the workforce and 

continues to face ‘‘significant 

challenges’’ meeting the PE certification 

requirement. The Petition also asserts 

that broadband providers can provide 

accurate broadband data without 

certification by licensed PEs. Petitioners 

therefore request that the Commission 

renew or extend the BDC Limited 

Waiver, or otherwise grant a new 

waiver, of the requirement that BDC 

certification be completed by a licensed 

PE for three additional data filing cycles 

and continue to allow providers that do 

not have access to licensed PEs to 

certify data with an engineering 

professional with the same 

qualifications specified in the BDC 

Limited Waiver. 

5. The Commission seeks comment on 

these and other issues raised by the 

Petition as they may impact both fixed 

and mobile broadband service 

providers. 

Federal Communications Commission. 

Amy Brett, 

Chief of Staff Wireless Telecommunications 

Bureau. 

[FR Doc. 2023–17957 Filed 8–21–23; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 23–280; RM–11957; DA 23– 

705; FR ID 165142] 

Television Broadcasting Services 

Colusa, California 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The Commission has before it 

a petition for rulemaking filed by One 

Ministries, Inc. (Petitioner), requesting 

the allotment of reserved 

noncommercial educational (NCE) 

channel *2 to Colusa, California as the 

community’s first local television 

service. 

DATES: Comments must be filed on or 

before September 21, 2023 and reply 

comments on or before October 6, 2023. 

ADDRESSES: Federal Communications 

Commission, Office of the Secretary, 45 

L Street NE, Washington, DC 20554. In 

addition to filing comments with the 

FCC, interested parties should serve 

counsel for the Petitioner as follows: 

James L. Oyster, Esq., 108 Oyster Lane, 

Castleton, Virginia 22716. 

FOR FURTHER INFORMATION CONTACT: 

Joyce Bernstein, Media Bureau, at (202) 

418–1647; or Joyce Bernstein, Media 

Bureau, at Joyce.Bernstein@fcc.gov. 

SUPPLEMENTARY INFORMATION: The 

Petitioner contends that Colusa is a 

community deserving of a new 

television broadcast service. In support, 

the Petitioner states that Colusa, with a 

2020 population of 6,411 is the seat of 

Colusa County and known for its 

agricultural production. The Petitioner 

further states that Colusa has a mayor, 

mayor pro tem, and three council 

members; police, public works, parks 

and recreation, planning, fire, and 

utility departments; a library, airport, 

and numerous businesses and places of 

worship; and its own Zip Code. The 

Petitioner states its intention to file an 

application for channel *2, if allotted, 

and take all necessary steps to obtain a 

construction permit. The proposed 

amendment to the Table of TV 

Allotments warrants consideration. The 

Petitioner’s proposal would result in a 

first local service to Colusa under 

Allotment Priority (2) of the 

Commission’s television allotment 

priority standard. The Petitioner 

demonstrates, and a staff engineering 

analysis confirms, that channel *2 can 

be allotted to Colusa, California, 

consistent with the minimum 

geographic spacing requirements for 

new allotments in section 73.623(d) of 

the Commission’s rules. In addition, the 

allotment point complies with section 

73.625(a)(1) of the Commission’s rules 

as the entire community of Colusa is 

encompassed by the 35 dBm contour. 

This is a synopsis of the 

Commission’s Notice of Proposed 

Rulemaking, MB Docket No. 23–280; 

RM–11957; DA 23–705, adopted August 

16, 2023, and released August 16, 2023. 

The full text of this document is 

available for download at https://

www.fcc.gov/edocs. To request materials 

in accessible formats (braille, large 

print, computer diskettes, or audio 

recordings), please send an email to 

FCC504@fcc.gov or call the Consumer & 

Government Affairs Bureau at (202) 

418–0530 (VOICE), (202) 418–0432 

(TTY). 

This document does not contain 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed information collection burden 

‘‘for small business concerns with fewer 

than 25 employees,’’ pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506(c)(4). Provisions of the Regulatory 

Flexibility Act of 1980, 5 U.S.C. 601– 

612, do not apply to this proceeding. 

Members of the public should note 

that all ex parte contacts are prohibited 

from the time a Notice of Proposed 

Rulemaking is issued to the time the 

matter is no longer subject to 

Commission consideration or court 

review, see 47 CFR 1.1208. There are, 

however, exceptions to this prohibition, 

which can be found in Section 1.1204(a) 

of the Commission’s rules, 47 CFR 

1.1204(a). See Sections 1.415 and 1.420 

of the Commission’s rules for 

information regarding the proper filing 

procedures for comments, 47 CFR 1.415 

and 1.420. 

List of Subjects in 47 CFR Part 73 

Television. 


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